Larry Painter v. T. C. Outlaw

Filing 920090818

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 08-1937 ___________ Larry Blaine Painter, Appellant, v. T. C. Outlaw, Warden, Federal Correctional Complex, Forrest City, Arkansas, Appellee. * * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * * * ___________

Submitted: July 30, 2009 Filed: August 18, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Federal inmate Larry Painter appeals the district court's1 dismissal of his 28 U.S.C. § 2241 petition challenging a 1981 Missouri escape conviction, which was used to enhance the federal sentence he is currently serving for firearm-possession offenses. The district court correctly found that it was without jurisdiction to consider

The Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred by consent of the parties pursuant to 28 U.S.C. § 636(c).

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the petition, as Painter is no longer "in custody" on the state conviction. See Maleng v. Cook, 490 U.S. 488, 492-93 (1989) (per curiam) (habeas petitioner is no longer in custody after sentence has fully expired, even if prior conviction is used to enhance subsequent conviction); Love v. Tippy, 128 F.3d 1258, 1258-59 (8th Cir. 1997) (per curiam) (petitioner who completed serving state sentence before federal conviction is no longer in custody under state conviction). Accordingly, the judgment is affirmed. ______________________________

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